PETALING JAYA: Cryptocurrency, shares and even lottery tickets are among gifts civil servants must now account for, with approval required when their cumulative monthly value reaches one-quarter of an officer’s emoluments or RM500, whichever is lower, says the Public Service Department (PSD).
Its director-general Tan Sri Dr Wan Ahmad Dahlan Abdul Aziz (pic) said the requirement was part of revised guidelines on the acceptance and giving of gifts, hospitality and sponsorship in the public service, which took effect on Sept 30.
The revised rules replace the previous provision, under which the RM500 or one-quarter-of-emoluments threshold applied to an individual gift rather than the cumulative value of gifts received in a calendar month.
No approval is required if the cumulative value remains below the lower threshold.
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However, officers must assess the giver of a gift or hospitality and reject it if there are reasonable grounds to suspect it concerns their official duties or is inconsistent with public service conduct regulations.
Gifts linked to official duties remain prohibited, particularly where they could influence an officer’s duties or powers or constitute an inducement or reward.
“In line with the intention to strengthen governance and monitoring mechanisms for the management of the acceptance or giving of gifts and hospitality by public officers, improvements to the existing procedures through this section shall be implemented,” said Wan Ahmad Dahlan.
The definition of gifts covers cash, cryptocurrency, shares, lottery tickets, bonds, vehicles, jewellery, hampers, souvenirs and intellectual property.
It also covers non-monetary benefits such as holidays, club memberships, entertainment, discounts, rebates, commissions, licences, house maintenance and vehicle repairs.
However, the guidelines allow for situations where an officer may find it difficult to reject a gift, such as a spontaneous souvenir received during an official event, food or produce from local residents, a token from a foreign delegation or a gift received while attending an invitation in an official capacity.
In such cases, gifts worth less than RM300 may be accepted without approval, while those worth RM300 or more require approval from the head of department upon the officer’s return.
For perishable gifts worth RM300 or more, the head of department must be informed as soon as practicable to obtain prior approval.
The revised rules also cover gifts unrelated to official duties, including those received for weddings, birthdays, religious occasions and engagements.
Gifts from immediate family members of any value do not require approval, while perishable or non-durable goods are also exempt. Government departments also cannot solicit gifts from individuals, private companies, associations, or other parties.
Departments may accept gifts only with permission from the ministry secretary-general or controlling officer.
Donors may also be required to provide an undertaking that the gift will not result in any return favour, reward or similar benefit.
Departments must ensure donors have no interests with the government and do not expect any return, while the gift must benefit the department and offer value for money.
The government must also not be tied to the donor company for subsequent procurement involving spare parts, software, licences or maintenance.
The revised guidelines also introduce provisions on sponsorship.
Civil servants may accept sponsorship from external parties for official purposes, including conferences, courses, training, research and seminars, but must first obtain approval from their head of department.
Sponsorship directly from donors, suppliers or contractors who have obtained projects from the department is prohibited unless approved through the department’s assessment process.
The duration and frequency of sponsorships, locally or overseas, must also be reasonable, with opportunities made available to all eligible high-performing officers.
The revised Ceraian UP.7.2.5 replaces the 1998 Service Circular on the giving and acceptance of gifts and the 2008 Service Circular Letter on the authority to approve gifts by government departments.
